Bill Text: MI HB4303 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Natural resources; wetlands; wetland mitigation; exempt county road commission. Amends sec. 30311d of 1994 PA 451 (MCL 324.30311d).
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2011-06-29 - Referred To Committee On Transportation [HB4303 Detail]
Download: Michigan-2011-HB4303-Engrossed.html
HB-4303, As Passed House, June 28, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4303
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30311d (MCL 324.30311d), as added by 2009 PA
120.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
30311d. (1) The Except as
provided in subsections (5) and
(6),
the department may impose as a
condition on any permit , other
than
a general permit, under this part a
requirement for
compensatory wetland mitigation. The department may approve 1 or
more of the following methods of compensatory wetland mitigation:
(a) The acquisition of approved credits from a wetland
mitigation bank. The department shall not require a permit
applicant to provide compensatory wetland mitigation under
subdivision (b), (c), or (d) if the applicant prefers and qualifies
to use approved credits from the wetland mitigation bank to provide
required compensatory wetland mitigation under this subdivision.
(b) The restoration of previously existing wetland. The
restoration of previously existing wetland is preferred over the
creation of new wetland where none previously existed.
(c) The creation of new wetlands, if the permit applicant
demonstrates that ecological conditions necessary for establishment
of a self-sustaining wetland ecosystem exist or will be created.
(d) The preservation of exceptional wetlands.
(2) If compensatory wetland mitigation under subsection
(1)(b), (c), or (d) is required, a permit applicant shall submit a
mitigation plan to the department for approval. In approving a
compensatory mitigation plan, the department shall consider how the
location and type of wetland mitigation supports the sustainability
or improvement of aquatic resources in the watershed where the
activity is permitted. The permit applicant shall provide for
permanent protection of the wetland mitigation site. The department
may accept a conservation easement to protect wetland mitigation
and associated upland.
(3) If a permittee carries out compensatory wetland mitigation
under subsection (1)(b), (c), or (d) in cooperation with public
agencies, private organizations, or other parties, the permittee
remains responsible for the compensatory wetland mitigation to the
extent otherwise provided by law.
(4) The department may require financial assurance to ensure
that compensatory wetland mitigation is accomplished as specified.
To ensure that wetland benefits are replaced by compensatory
wetland mitigation, the department may release financial assurance
only after the permit applicant or mitigation bank sponsor has
completed monitoring of the mitigation site and demonstrated
compliance with performance standards in accordance with a schedule
in the permit or mitigation banking agreement.
(5) The department shall not impose compensatory wetland
mitigation as a condition on a general permit.
(6) For road work that is not exempt under section 30305(2)(k)
from the requirement to obtain a permit, if both of the following
requirements are met, the department shall not impose compensatory
wetland mitigation as a condition on a permit for the road work
without the consent of the entity with legal jurisdiction over the
road:
(a) The road was in existence on the effective date of the
amendatory act that added this subsection.
(b) The activity takes place within the road right-of-way.
(7) As used in this section:
(a) "Road" means a city or village street, county road, or
state trunk line highway.
(b) "Road work" means the maintenance, repair, improvement, or
reconstruction of a road. Road work does not include the
construction of a road.
